Bonum Certa Men Certa

Patents Roundup: Microsoft's New Patent Deal, Apple Lawsuits, Lodsys, US Backlash Against Software Patents, and More

Flipping pages



Summary: A collection of news of interest about patents, especially software patents

ON WE go with our coverage of software patenting matters, starting with the observation that this one patent -- just like many of its kind which paint software patents as "medical" -- simply puts lives at risk, for reasons that we explained before. As one Twitter user put it:

A US patent on using a computer with SMP in a dialysis machine?


Trying to attach computer restrictions with a patent monopoly is not helping; it's making things worse by limiting the work of many who are eager to help. It is only good for the party claiming the monopoly, for obvious reasons. See what happened to Kodak with its patents; it became parasitical:

A sale represents a sharp tactical shift. Kodak picked up just $27 million in patent-licensing fees in the first half of 2011 after amassing nearly $2 billion in the previous three years.


We wrote about Kodak many timers before. It is a valuable example of companies that become unable to make products and therefore turn to a "patent strategy" as they call it (litigation and taxation).

There is clearly a need for a fix in this system. The public demands it, but Obama disregards the petition and there are renewed attempts to get a reform passed. To quote one article on this subject:

d to pull the direct democracy lever at the White House but struck out earlier this week. Now they are reassembling for another push.

Software patents rankle many in the development community who believe they enrich lawyers at the expense of innovation. In September, the critics decided to test-drive the Obama administration’s new “We the People” initiative which provides an official response to petitions that garner enough signatures.

[...]

The petitioners may have their work cut out for them the second around. Due to the popularity of the petition program, the White House in October raised the number of signatures required for a response from 5,000 to 25,000. So far the software opponents have about 700 signatures with 27 days left to obtain the rest.

The petition is just one arena where the ever-contentious patent debate is taking place. Another one to watch is the Supreme Court which in December will again consider the scope of patentable subject matter in a medical case called Prometheus Laboratories. The Court ruled on the same issue in 2010 in a case called Bilski but its decision has been widely panned for failing to clarify what can and can’t be patented.


Among those in support of this broken status quo are patent lawyers who are looking to gain at the expense of the producing industry, including sites like this one and longtime software patent boosters who get quoted as saying:

Lawyer: Software Can Be Patented Even Without Code



There is an interesting post on software patents by Gene Quinn, a patent attorney and editor of the IPWatchdog blog. Quinn's advice is that there's always something that can be patented in software.


Does any software developer exist who can defend this? This merely represent the passage of work from programmers to lawyers who put down vague verbal descriptions in some pages rather than write any technical details. Some companies happily call their patents "software patents" because the United States harbours this type of thing. To quote:

Virtual Tour Software Patent Granted for VR2020.com



Some Virtual Tour companies pride themselves on their ability to provide virtual tours created from third party software but, we’ve taken our originality and technology in empowering our clients and have had a patent granted for our own unique software.


This is not a new 'invention'. A lot of it is usually mere geometry, so they are stacking up monopolies on mathematics, making it an explanation of nature which is now someone's monopoly.

Microsoft and Openwave



In other news, Openwave surges following not the release of some products (Openwave does not quite do that) but rather the signing of a patent deal with Microsoft. To quote Forbes:

Openwave Systems shares are trading sharply higher in late trading Thursday after disclosing that Microsoft has agreed to license the company’s patent portfolio. Openwave says that Microsoft “becomes the first company to license Openwave’s portfolio of approximately 200 patents, including several foundational patents covering smart device and cloud technologies, among others.”


This quite often sends the trolls well armed for a lawsuit against Microsoft foes, too (Android for example). As Dana Blankenhorn puts it:

Fact is, Apple and Microsoft (as well as others) don't believe you can build an open source codec or an open source smart phone. The basics of these technologies can't be innovated around, they say, and they are all ring-fenced with patent claims. Open source stay out.

This attitude is winning in courts, and it represents the chief challenge to open source going forward. Because in supporting open source in these growth areas, developers will increasingly find themselves accused of taking the side of China against Europe and America. China builds nearly all our hardware, and thus it's assumed that unless western companies can control software, distribution, and markets that our economies will become supine before our economic enemies.

My view is that this is a naïve attitude, and it's one I've been taking on for almost a decade. I first wrote about it in The Secret of Slater's Mill in 2003 and it's a lesson that bears repeating.


Jobs/Ellison vs. Android



Over at Rupert Murdoch's journal it is being reported that Samsung -- not Apple -- is being approached by the EU Commission:

The European Commission has requested information on patents from tech giants Apple Inc. and Samsung Electronics Co. which could lead to the opening of legal proceedings in a highly contentious area of patent law.

"The Commission has sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector," the European Union's antitrust body said Friday.

"Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case."


The EU Commission will hopefully make use of Steve Jobs' promises to kill Android, which show Apple's side to be more idealogical than rational. It is about destroying a viable competitor.

Here is a recent article about Steve Jobs' "plan to kill Android". this is partly aided by Larry Ellison's litigation warpath, which has been unfruitful since 2010 and will carry on next year.

Microsoft Florian, a lobbyist funded by Microsoft, seeks to portray Android/Motorola as an aggressor because Microsoft sued Motorola and Motorola may also be Google/Android. The problem we have here is that Florian carries Microsoft's talking points and as some articles show, journalists are foolishly quoting this Microsoft lobbyist who tries to daemonise the competition in all sorts of ways. Some journalists already know that these people are paid by Microsoft to do this. If they don't know, they should be told. It is IDG that quotes him in an article about trolls (which neglects to mention the impact of Microsoft/Apple abuse and instead portrays these as victims), so the spin lives on. It is a good investment for Microsoft.

Groklaw keeps abreast of the Ellison aggression against Android, this time addressing the Lindhold decision:



If Google's attempt to shield the Lindholm email had any remaining life in it before the trial court, you could almost hear the last breath going out of it this week. Consequently, Google gave notice (590 [PDF; Text]) that it intends to appeal Judge Alsup's ruling that the email does not constitute a privileged document and asked that, while the appeal is pending, the email remain designated as an ATTORNEYS EYES ONLY document. But Judge Alsup has once again said no on the issue of confidentiality. (596 [PDF; Text]) The point that will undoubtedly remain in contention on appeal derives from this passage in Judge Alsup's order:


It is just another SCO-like case. Ellison is Jobs' friend (he calls him "best friend" and "idol"), so we expect this lawsuit to be some sort of favour. If it's destructive to Java, Ellison might not care. It is claimed by Pamela Jones that the SCO lawsuit is not quite buried, either. SCO unearths something old and rusty under another name: There are some glaring questions worth raising:

Didn't UnXis also get the SCO Group name? In the SCO bankruptcy filings since the sale, the entity formerly known as The SCO Group calls itself TSG. But UnXis *didn't* get the litigation against IBM. It's listed on the Excluded Assets. So who exactly is this asking to reopen the IBM litigation now? The filings say it's "The SCO GROUP, INC., by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn." Maybe the lawyers forgot themselves that they need to change the name. They can do that later, I suppose, but it's odd to anyone like me, who actually keeps track of the details.

Update: As mentioned above, I've pulled the PDF of the memorandum, because "SCO Group" failed to properly redact the filing. I wonder how many times SCO can do this before someone notices it's not the first time? It also quotes from the section of the March 5, 2007 oral argument on the two IBM summary judgment motions, where the public had been asked to leave due to confidential documents being discussed, without redacting that part. Note my curled lip.


Lodsys Pains



Another case Groklaw keeps abreast of is the cluster of Lodsys lawsuits, which use patents from Microsoft's former CTO and also target Android developers. One firm stands tall:

Lodsys, the controversial “patent troll” that has sued everyone from the New York Times (NYSE: NYT) to Angry Birds, recently set its sights on a small web-software firm in France. Unable to afford a legal battle, the two-man company has come up with another tactic to push back against Lodsys’ legal threats.

GroupCamp is a Paris-based firm that provides web-based software to small business clients. In September, the company received a notorious “Lodsys letter” informing the owners they were infringing four patents. Such letters have been sent to dozens or hundreds of companies. The letters typically boast about “inventor” Dan Abelow‘s Ivy League education (he took business classes) and ask the recipient to purchase a license for the patents. You can see a sample Lodsys letter embedded below (apologies for the blurry text).


There are other actions that are a reaction to Lodsys lawsuits and even this event:

After receiving on the 29th of September 2011 a pre-litigation letter and licensing agreement from Lodsys, a non-praticing entity, we at GroupCamp have launched this dedicated website to foster cooperation between entrepreneurs and developers who have received the same letter from Lodsys. All available experience and knowledge will be made available on the website.


It's also available in French. In summary, there are several threats to Free software and these mostly emanate as patents. We generally know which players to keep track of, so we will.

Comments

Recent Techrights' Posts

IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
 
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026